How to Claim Loss of Consortium After an Accident

Posted on behalf of RizkLaw on Aug 05, 2023 in Personal Injury

Accidents can be life-altering, leaving a trail of physical, emotional, and financial devastation in their wake. In the midst of the chaos and recovery, it is easy to overlook the profound impact an accident can have on your relationships and the emotional well-being of your loved ones.

Loss of consortium recognizes the immeasurable value of the love, companionship, and support shared within a family unit. It acknowledges that when one person is injured, the ripple effects are felt by their spouse or immediate family members. Winning a claim for loss of consortium is no easy task—but Rizk Law personal injury lawyers have what it takes to recover the justice you and your family deserve.

What Is Loss of Consortium?

The legal term “loss of consortium” refers to the damage or harm suffered by a spouse or family member due to the injuries sustained by the injured party. While personal injury claims traditionally focus on compensating the injured individual for their own losses, loss of consortium recognizes the impact on the relationships and emotional well-being of their loved ones.

Loss of consortium encompasses a range of damages, such as:

  • Loss of companionship: This includes the loss of love, affection, and emotional support that a spouse or family member may experience due to the accident.
  • Loss of consortium: It refers to the loss of intimate relations or the inability to engage in physical and emotional aspects of a relationship, which may result from the injuries sustained.
  • Loss of household services: If the injured person is no longer able to perform their usual household duties, such as cooking, cleaning, or childcare, the spouse or family member may experience the loss of these essential services.

A Rizk Law attorney can evaluate the circumstances surrounding the accident, the injuries sustained, and the impact on your relationship to determine the appropriate compensation you should seek.

What to Know About Claiming Loss of Consortium

Navigating a personal injury claim, especially when loss of consortium is involved, can be complex and emotionally challenging. Hiring an experienced personal injury lawyer in Oregon can be instrumental in securing compensation for all the damages you and your family have suffered.

To successfully claim loss of consortium, it is crucial to establish the following elements:

  • Existence of a valid relationship: The injured party must demonstrate that a legally recognized relationship existed between themselves and the person claiming loss of consortium, typically a spouse or immediate family member.
  • Injury to the injured party: It is necessary to establish that the accident caused significant injuries to the injured person, resulting in physical or emotional impairment that affects their relationship with the claimant.
  • Causation: The claimant must demonstrate a causal link between the injuries sustained by the injured person and the resulting damages to the relationship or emotional well-being.
  • Documentation and evidence: Collecting relevant documentation, such as medical records, expert opinions, and witness statements, can significantly strengthen your claim for loss of consortium. These pieces of evidence can help establish the impact of the injuries on the relationship and demonstrate the extent of the damages suffered.

Rizk Law personal injury lawyers possess a deep understanding of Oregon’s laws related to personal injury and loss of consortium. They will guide you through the legal process, ensuring you meet all the necessary requirements and deadlines. Our team will also assist in collecting crucial evidence and consulting experts when necessary to substantiate your claim for loss of consortium. They will present a strong case to demonstrate the connection between the accident and the damages suffered by your relationship.

Pursue Compensation for Loss of Consortium With an Oregon Personal Injury Lawyer

If you believe you have a valid claim for loss of consortium in Oregon, consult with a Rizk Law personal injury lawyer who can navigate the legal complexities and advocate for your rights. By seeking legal assistance and building a strong case, you can increase your chances of obtaining the compensation needed to rebuild your life and support your loved ones through the healing process.

A Rizk Law personal injury lawyer will negotiate with the insurance company or the responsible party on your behalf, striving to secure a fair settlement that compensates you for your losses. If a settlement cannot be reached, they will be prepared to represent you in court. Call us at (503) 245-5677 or contact us online to schedule your free consultation.